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Home My WebLink AboutMINUTES - 08121997 - C11 Recorded at the request of: Contra Costa County Return to: Public Works Department Engineering Services THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 12, 1997 by the following vote: AYES: Supervisors Uilkema, Gerber, Canciamilla, Rogers NOES: None ABSENT: Supervisor DeSaulnier ABSTAIN: None RESOLUTION NO.: 97/437 SUBJECT: Approving Deferred Improvement Agreement along La Casa Via for MS 12-96 (APN 140-220-009), Walnut Creek Area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Reynold G. Marin, as required by the Conditions of Approval for MS 12-96. This agreement would permit the deferment of construction of permanent improvements along La Casa Via which is located in the Walnut Creek area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. I banby M*fJtet thb b a true ane cotratt0�►�of 6foerd�d take on redo a the 01 tlM RL:mw Ayms 6b.�August 1��7 G:\ENGSVC\BO\BO8-12.WPD PHIL BATCIiELOR,CIMt of the hood al 8upenbeta and County Adminhtrabr Originator.Public Works(BS) Contact: Rich Lierly(313-2348) DWw cc: Recorder(via Title Co.)then PW Records Reynold G.Marin Bette Marin Carol Tollman 202 Amigo Road Danville,CA 94526 Recorded at the request of: Contra Costa County Public Works Department Return to: Public Works Department Engineering Services Division Area: Walnut Creek Road: 1ACasa Via Co.Road No: N/A Project: MS 12-96 Assessor's No: 140-220-009 Space above for exclusive use of Recorder. DEFERRED PAPROVEMENT AGREEMENT (Project: MS 12-96) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER: (See note below) J. Michael Walford, Public Works Director By. _ WW'i L, �✓ Reynold G. Marin RECOMMENDED FOR APPRO AL: By: Bette Marin 111"En ' ri Services Division Carol To man FORM APPROVED: Victor J. Westman, County Counsel (see attached notary) I. PARTIES. Effective on ,the County of Contra Costa,hereinafter referred to as"County"and Reynold G.Marin and Bette Marin,husband and willd',and Carol Tollman hereinafter referred to as"Owner"mutually agree and promise as follows: 2. PURPOSE. Owner desires to develop the property described in Exhibit"A"attached hereto and wishes to defer construction of permanent improvements,and County agrees to such deferment if Owner constructs improvements as herein promised. I AGREEMENT BINDING ON SUCCESSORS IN INTEREST. This agreement is an instrument affecting the title or possession of the real property described in Exhibit"A".All the terms,covenants and conditions herein imposed are for the benefit of County and the real property or interest therein which constitutes the County road and highway system and shall be binding upon and inure to the benefit of the land described in Exhibit"A" and the successors in interest of Owner. Upon sale or division of the property described in Exhibit"A",the terms of this agreement shall apply separately to each parcel,and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. Upon annexation to any city,Owner,or those who succeed him as owner of the property described in Exhibit"A",shall fulfill all the terms of this agreement upon demand by such city as though Owner had contact with such city originally. Any annexing city shall have all rights of a third party beneficiary. RE: MS 12-96 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels A and B shown on the parcel map of Minor Subdivision 12-96, on file at the County Recorder's Office as follows: Recording Date: Parcel Map Book: Page: JD:",W G:\ENGSVC\JOSEPH\JUNE\MS1296.WPD RE: MS 12-96 E) I IT "B" IMPROVEMENTS Improvements required by Contra Costa County Community Development Department and the County Ordinance Code as a condition of approval for the above-referenced development are located along La Casa Via for Parcels A&B, MS 12-96, described in Exhibit"A": 1. Underground existing overhead facilities. 2. Approximately 70 linear meters (230 linear feet) of curb, face of curb located 4.8 meters (16 feet) from the right of way line. 3. Approximately 180 square meters(1,950 square feet)of street paving to pave between the existing pavement and the lip of gutter. 4. Necessary longitudinal and transverse drainage. 5 Temporary conforms for paving and drainage as may be necessary at the time of construction. 6 Submit improvement plans to the Public Works Department, Engineering Services Division, for review and pay inspection and plan review fees. CONSTRUCTION Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent. The construction of the above deferred improvements shall begin as outlined in Item 4B of the agreement or when either of the following occurs: 1. La Casa Via is constructed to its ultimate planned width by the County or by an assessment district. 2. Frontage improvements are constructed adjacent to the subject property. It is the intent at this time that the"pro rata basis" of costs, as specified in Item 4B of the agreement, shall mean that the owners of each parcel shall pay half of the costs. JD:rs:mw GAENGS VCUOSEPHVUNE\MS 1296.W PD CALJFORNIAALL PURPOSE ACKNOWLEDGL JT State of California OPTIONAL SECTION County of Contra Costa CAPACITY CLAIMED BY SIGNER 7/8/97 Carolyn M. Lane Though statute does not require the wrnE MM TITLE OF OFFICER E.Z. fill In the data below.dokv nn to valuabk to persons relying on the personally appeared prove In- Bette Marin O INDIVIDUAL E3 CORPORATE OFFICER(S) p aly nknown to me-OR-O provided to me on the basis of satisfactory ence to be the person(s)whose names)istare `EM subscribed to the within instrument and O PARTNER(S) O uMtTED ....: CNOTARY N M.LANE acknowledged to me that helshe/they O GENERAL ON 1125314 executed the same in hisfieNtheir ❑ATTORNEY-INTACT LIC•CALIFORNU authorized gpacity(Ies),and that by ❑TRUSTEE(S) OSTA COUNTY hislherltheir signatures)on the O GUARDIANICONSERVATOR ias Fh1.2.2001 instrument the person(s)or the entity O OTHER: upon behalf of which the person(s) acted,executed the instrument ESS my hand do 1, SIGNER IS REPRESENTING: wu.�oFPatsa�ot e+rmc� OPTIONAL SECTION FTHISRTIFICATE MUST BE ATTACHEDDOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS)OTHER THAN NAMED ABOVE .►.1oe Y wet wgi+d lry V, ' INSTRUCTIONS TO NOTARY The following information is provided in an effort to m ped'rte processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must Se signed exactly as it is typed or printed. 11. SIGNATURES FOR INDMDUALS-The name must be signed exactly as it is printed or typed. The signers interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have ffi_e_aulffFoo sign for an the-partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. aThe Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,Will suffice. 9A 7164 CALIFORNIA ALL-PURPOSE ACKNOWLEDGE dT State of Cal:i f o r n i a OPTIONAL SECTION County of Contra Costa CAPACRYCLAIMED BYSIGNER Ong_8—9 7 before me, Carolyn M. Lane ¢ OFFICERThough statute does not require the Notary to Q&TCWWCTn 'a ocet E4• fill In the data below,doing so may Prove k1- personally appeared Reynold G. Marin valuable to persons relying on the document, INDIVIDUAL O CORPORATE OFFICER(S) ❑personally known to me-OR-O provided to me on the basis of satisfadory evidence to be the person(s)whose name(s)Ware subscribed to the within instrument and ❑PARTNER(S) O LIMITED —� CAROLYN M. LANE acknowledged to me that hetshetthey ❑GENERAL COMMISSION 1125314 executed the same in his/herAheir ❑ATTORNEYaNfACT • s� NOTARY PUBLIC•CALIFORNIJ authorized capackKies),and that by ❑TRUSTEE(S) CONTRA COSTA COUNTY his/her/their signature(s)on the O GUARDIANICONSERVATOR Cwsiaiw EVin Feb.2,2001 Instrument the person(s)or the entity O OTHER: upon behalf of which the person(s) acted,executed the instrument W SS my hand rid offi 'al eal, SIGNER IS REPRESENTING: WAM of PERS oR DOMO A /'0. x'�' OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE ..a..u..e cava P....e.w... ` INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite ' of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must sign exactly as it is typed or printed. 11. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have e authority o sign for an n e partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be sign5a_5TfWo__oTficers,one from each of the following two groups: GROUP 1. 'a The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. gAwoAAnotary.r~ OWLEL1Ol YT CAUFORNIA ALL-PURPOSE ACKN State of 4 r- OPTIONAL SECTION County of Ind f i EC04' CAPACITY CLAIMED BY SIGNER IF On 1' before me, `�,fThough statute does not require the a oar En.-�,�1 r - fU(Ittiril ��U b�iG data below,doing soma Notary in- valuable to rel ' Y prove en /; perms Y�9 on the doaxnent, personally appeared 1 0 aj �aI wayl T ❑INDIVIDUAL ❑CORPORATE OFFICER(S) 17 person*known to me-OR-�xovided to me on the basis of satisfactory evidence to ( ,� be the person(s)whose names)Ware subscribed to the within instrument and ❑PARTNER(S) ❑UMfTEO acknowledged to me that he/sheAhey ❑GENERAL S,......... executed the same in his/herAheir O ATTORNEYaN-FACT OFFICIAL SEAL y authorized capacity(ies),and that by ❑TRUSTEE(S) JENNIFER A.WAKEFIELD 4 his/herAheir signature(s)on the ❑GUARDIAN/CONSERVATOR 4 Notary Public-State of Arizona instrument the person(s)or the entity ❑OTHER: 4 MAR ICOPA COUNTY upon behalf of which the person(s) My Comm.Expires Dec.9,1997 acted,executed the instrument Y�1B'BI6/.1/btYLll➢/'JD'Io/iHNHI///6 ITNESS my hand and official SIGNER IS REPRESENTING: W&C OF POMMM ORefnfrQEP OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE TAa�fr Ya bdor Y sol wpi+d by V, MFs Mi INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must sign exactly as it is typed or printed. Il. SIGNATURES FOR INDMDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have e authority o sign for and binde partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the Instrument to execute instruments of the type in question Is required. A currently valid power of attorney, notarized,will suffice. 1.wrMrwGry.new 9�